Man's plea to disown child dismissed.
Realising that he could not financially support his newborn, a drug addict lodged a case with the Abu Dhabi Police claiming that the baby was not his. An Abu Dhabi court has dismissed the case.
The complainant claimed in his denial of filiation case that he was not the baby's father as he had divorced his wife a year and six months before the delivery. His wife, however, said that after their divorce, her husband took her as a wife again during the 'Iddat' period -- a three-month waiting period prescribed by Islam after divorce.
According to court records, on coming to know that his wife had delivered a baby, he rushed to an Abu Dhabi police station to register a denial of filiation case. The man was familiar with the laws of the land and lodged the case within three days of the baby's birth -- following which he forfeits the right to register such a case.
He claimed in his complaint that he had not even called his wife for a year and two months.
As soon as the woman was discharged from the hospital, she moved the Personal Status Court and filed a lawsuit against the man demanding child support. When summoned, the man requested the court for a DNA test to prove that he is not the father, which the woman agreed to.
She said her husband took her as a wife during the Iddat period 11 months before the child's delivery. She had even reported the man to the police for possessing a weapon at their house during this period. When the police came, he had told them that he was her husband. When asked about this, the man said: "I had to say she was my wife out of fear of being accused of adultery."
Even though he failed to register their legally wedded status again, he did not divorce her again, the woman said. "I don't know why he wants to disown our baby. He had even visited me at the hospital on the day I gave birth to the child." She requested the court to summon her relatives to substantiate her claims.
Dismissing the case, the court said there was strong evidence to prove that the man is the father of the child and a DNA test isn't necessary. "DNA tests are only necessary to prove filiation, not deny it," the court ruled.
The man appealed the trial court's ruling and insisted on a DNA test. The Court of Second Instance upheld the trial court's ruling, saying that a DNA test is not permissible if marriage is already proven. The court observed that this legal principle is agreed upon unanimously by the member countries of the Islamic Cooperation Conference, which aims to preserve filiation. The ruling was upheld by the Court of Cassation too.
(Published in cooperation with the Abu Dhabi Judicial Department)
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